In Australia, separated same sex couples who were in a de facto relationship can apply to the Family Court for a legally binding property settlement. Under the Family Law Act, a person is in a de facto relationship with another person if they have a relationship as a couple living together on a genuine domestic […]
READ MOREWhat are Consent Orders?
For some couples, separation is the easy part. Reaching an agreement about their children and property settlement, however, can be a whole other ball game. The good news is that making that agreement legally binding doesn’t have to be difficult when you have the right tools and know how. If, on the other hand, you […]
READ MOREChildren can choose which parent they want to live with once they turn 12. Right?
There is a commonly held belief in some parts of the community that a child of separated parents can choose who which parent to live with once they turn 12. Actually, there is no law that says children can make up their own mind about living arrangements once they reach 12, or any other age […]
READ MOREHow can I settle my property dispute without going to Court?
With one in three marriages ultimately ending in a divorce, and de facto relationships tending to follow this pattern, it is unsurprising that most of us will have a friend or family member who has already gone through a separation. Whilst you may lean on these family members or friends for support during your separation, […]
READ MOREWhat can I do if my ex won’t sign the divorce papers?
Just as you don’t need two people to agree to end a relationship, you do not need your spouse’s agreement or consent to apply for a divorce. What is does mean, however, is that you will need to apply as a sole applicant. If you have been separated from your spouse for at least twelve […]
READ MOREWe’ve separated but still live in the same house. Can we still get a divorce?
The short answer is, yes. Whilst being separated under the same roof can often be a little tricky to manage and a bit tense at times, it doesn’t prevent you from obtaining a divorce. As with all applications for divorce, the key requirements of communicating the separation and a degree of physical separation are necessary […]
READ MOREIt’s always 50/50 in family law property settlements. Right?
Good question. And the answer is…sometimes! But certainly not always. And, as far as courts and lawyers are concerned, 50/50 is not a starting point for working out a fair split. This is because each case must be assessed on its own facts and circumstances, in order to work out what division of assets would […]
READ MORESo, you’ve separated – what happens now?
Before we jump into some guidelines to help you navigate your legal rights following separation, you must first figure out if you are indeed separated. Sounds strange, right? Sometimes it is not always easy to work out exactly when a relationship has ended and a couple have “officially” separated. After all, separation often happens in […]
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